'Superior courts' to decide Kulbhushan Jadhav case: Pakistan

Tribune News Service

New Delhi, June 19

Pakistan has contested South Block’s claim that a recently passed Bill by its National Assembly does not facilitate an effective review of Kulbhushan Jadhav’s case, as mandated by the judgement of the International Court of Justice (ICJ).

A statement by the Pakistan Ministry of Foreign Affairs (MFA) has suggested over-interpretation by the Ministry of External Affairs (MEA) when it said on Thursday that the Bill invites the municipal courts in Pakistan to decide whether or not any prejudice has been caused to Jadhav on account of the failure to provide consular access.

“This is clearly a breach of the basic tenet that municipal courts cannot be the arbiter of whether a State has fulfilled its obligations in international law,’’ MEA spokesperson Arindam Bagchi had said on Thursday.

But the MFA, Pakistan, said in line with the ICJ judgment, Islamabad “chose to provide Jadhav the right of review by superior courts of Pakistan’’ through the ICJ (Review and Re-consideration) Ordinance, 2020, which is now a Bill.

The MFA, Pakistan, also raised another bone of contention between the two sides. It regretted that India has been engaging in a “deliberate campaign’’ to obfuscate the issue of appointment of a lawyer. As a result, the Pakistan government had to initiate proceedings before the Islamabad High Court to request the Court to appoint a lawyer for Commander Jadhav.

“The court has repeatedly invited India to clarify its position in this regard but India continues to deliberately politicise the issue,’’ said the statement by MFA, Pakistan.

New Delhi’s refusal to avail itself of the legal remedies provided by Pakistan “reveal their nefarious designs to undermine Pakistan’s efforts and discredit the ICJ judgment’’ it added.

On the other hand, India has complained that Pakistan is in breach of its international obligations by failing to provide its diplomats unimpeded access to Jadhav.